NOTICE OF TORT CLAIM Date: February 21, 2014 To: City of Idaho Falls, Idaho Clerk of the City of Idaho Falls Hon. Rebecca Casper, Mayor 308 Constitution Way Post Office Box 50220 Idaho Falls, Idaho 83405 From: Mr. Victor Manuel Madrigal Ms. Alissa Madrigal 228 E. 18
Streeet Idaho Falls, Idaho To: City Clerk for Idaho Falls, Idaho Rosemarie Anderson, and Mayor Rebecca Casper Mr. Victor Manuel Madrigal and Alissa Madrigal of 228 E. 18
Street, Idaho Falls, Idaho, are notifying you of their claim of injury, trespass, violence, negligence, violation of rights, excessive force, humiliation, misrepresentation of facts to support police action, false arrest, and recovery for property loss and attorneys fees caused by Officer Clark Lund, of the Idaho Falls Police Department, Officer Eric Rose of the Idaho Falls Police Department, and Officer Brandon Prince of the Idaho Falls Police Department, all perpetrated while the three named police officers were acting in the scope of their employment as police officers for the City of Idaho Falls, Idaho, which acts were committed in the City of Idaho Falls, Idaho, on the 31
day of August, 2013, and the 1
day of September, 2013.
On August 31, 2013, or shortly thereafter, Officer Eric Rose, I.F.P.D. [“Officer Rose”] did
illegally, wrongfully and without permission or authority enter the home of Alissa Madrigal and Victor Manuel Madrigal located at 228 E. 18
Street, Idaho Falls, Idaho. Officer Rose then wrongfully and without probable cause did arrest Victor Manuel Madrigal and did cause him to be transported for incarceration in the Bonneville County Jail. After the incarceration, Officer Rose singly or acting in concert with other law enforcement officers, did contact federal officials asserting that Mr. Madrigal was possibly an undocumented alien and should be considered for deportation. Mr. Madrigal was a naturalized citizen of the United States of America at the time of this unwarranted and malicious act by Officer Rose or someone acting in concert with Officer Rose or at his direction. This malicious act by Officer Rose created unfounded suspicion and unwarranted humiliation of Victor. Mr. Madrigal had to endure a contact and investigation by the federal government.